WHISTLEBLOWER INSTITUTE: A NEW CONTROL INSTITUTE OR A NEW CORRUPTION UNIT

Abstract

The article is devoted to the study of certain aspects of the legal regulation of road safety, namely the institute of whistleblowers, which is proposed to be introduced in the context of the Europeanization of domestic legislation. The work to bring national legislation to Western European standards is manifested not only in the constant adjustment of certain provisions of the current legislation of Ukraine, but is also accompanied by the introduction of new legal institutions, the practice of functioning of which has shown the appropriate level of effectiveness on the territory of the European Union. A similar approach to the transformation of national legislation taking into account European standards has been gaining momentum in recent years. Undoubtedly, the very fact of borrowing such experience is a positive experience. However, we should note that during the development of European Ukraine, an approach related to the adaptation of domestic legislation to the standards of European Union law should prevail, rather than copying Western models to create a new national regulatory framework. This fully applies to the problem of introducing the whistleblower institute as a “tool for strengthening the role of society in the field of traffic safety control” into the legal system of Ukraine. The legislative initiative proposed to strengthen countermeasures for road safety due to the involvement of road users, citizens and active representatives of civil society (whistleblowers) with the aim of reducing the number of road traffic accidents and, as a result, the number of people injured and killed in them, and for implementation on traffic safety control and the rules of stopping, parking, parking of modern technical means and advanced technologies. A similar European experience is undoubtedly a good example of an effective fight against violations of traffic rules on European roads. However, direct borrowing of such experience without aligning the entire regulatory and legal framework regarding the legal regulation of road safety, regarding bringing to administrative responsibility for violation of traffic rules leads to the creation of new gaps in domestic legislation. It is the borrowing of the best European practices and the appropriate adaptation of Ukrainian legislation to the legislation of the European Union by bringing our legislative framework into compliance, with the introduction of necessary changes in all related normative legal acts, and is the guarantee of an effective and rapid process of European integration of our state.